Oxnard, CA Same Sex Divorce Lawyer
Divorce is often complicated, no matter who you are married to. While there is over a century of legal precedent for divorces between a man and a woman, same sex marriage has only been legal in California for less than a decade. However, many of the rules and laws regarding divorce apply equally to same sex and opposite sex couples. Regardless, our lawyers understand the challenges, both legal and interpersonal, associated with same sex divorces in California.
Our lawyers are available for free consultations on your same-sex divorce. We can work with you and with your spouse’s attorney to help you reach agreements on many of the issues involved in divorce. If we need to, we can also fight your divorce in court. For a free consultation on your case, contact our Oxnard same sex divorce attorneys at The Law Offices of Bamieh and De Smeth today at (805) 585-5056.
Divorce Attorneys for LGBT Couples in Oxnard, California
Since Obergefell v. Hodges, everyone in the US has access to marriage, regardless of their gender or the gender of their spouse. However, this can create difficulties with the wording or application of some laws. Holdover laws may still use terms like “husband,” “wife,” “man,” or “woman,” in the assumption the marriage has one man and one woman. Some judges have difficulties adapting these laws to same sex couples. Our attorneys are willing to work to ensure that these laws are used fairly in your case, and appropriately match your circumstances.
Otherwise, all divorces are complex legal issues. No matter the gender of the parties, divorces often carry more challenges than just the divorce. Especially in cases where one party is wealthier than another, property division may be one of the biggest points of contention during the divorce. If you have a prenuptial or postnuptial agreement – or want to sign a postnuptial agreement before divorce – divorce may be simpler. Otherwise, California is a “community property” state. This means that any property acquired during the life of the marriage is supposed to be split 50/50 upon divorce. Our attorney can help you make sure that you get your fair share, and work to protect specific assets or heirlooms you need.
In divorces with children, things are often more complicated. Child custody disputes between LGBT parents can be tough issues, especially if one party is the child’s biological parent and the other is not. In addition, divorced spouses are often required to pay child support to their ex-spouse to help care for their shared children. These issues may require negotiating with the other party and going to court.
Lastly, alimony is important to many divorced spouses. If one party makes more money and provided-for the other spouse during the marriage, California law may require them to continue providing spousal support payments to their former spouse. These “alimony” payments may be ordered on a temporary basis to help the party get back on their feet, go back to school, or find a job. If there is an ongoing need for alimony, parties may be ordered to pay indefinite alimony to their former spouse on top of child support and asset division.
Strategies for Same Sex Divorce in California
Only about 20% of same sex households in the country have children. This often means that same sex couples have higher incomes and more assets, if both spouses are able to work (rather than staying home to care for children). This can mean that many same sex divorces, especially in California, may be high-asset divorces. In these kinds of divorces, our goals and strategies rely upon maximizing the asset division for our clients, protecting their interests, and helping them get what they deserve.
If you are considering divorce, you may want to sign a postnuptial agreement first. Many couples use prenuptial agreements before getting married to decide the split of assets, should they ever get divorced. Once married, you can make a similar agreement, called a postnuptial agreement to organize asset division and other responsibilities before ever filing for divorce.
As mentioned above, California is a community property state. This means that, without a pre- or postnuptial agreement, the State will divide your assets 50/50 upon divorce. This does not usually mean they divide each asset, giving half to each party. Instead, each party gets 1/2 of the belongings, investments, and other assets in a divorce. This may give you flexibility to choose specific assets, and negotiate the division with your attorney and the other party.
You may also be able to negotiate and come to an agreement regarding spousal and child support during a divorce. Rather than relying on the court’s decisions, you may be able to work with your spouse, make concessions, and work out a deal that benefits everyone. If not, our attorneys will fight for you in court.
Oxnard Divorce Lawyers
For a free consultation on your LGBT divorce case, contact the Oxnard divorce lawyers at Bamieh and De Smeth today. We have helped thousands of couples with their divorces, and may be able to help you, too. Call our law offices today to schedule a free consultation. Our number is (805) 585-5056.